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‘Are you scared of dogs?’ Florida man accused of siccing pit bull on deputies

Josue Hernandez, 38, facing several charges in Marion County

DUNNELLON, Fla. – A Marion County man is facing several charges after officials say he tried to sic a pit bull on deputies, one of whom he tried to push into oncoming traffic.

According to an arrest affidavit, the wild scene unfolded Saturday in the area of 17000 SW Highway 484.

Around 6:30 p.m., deputies were alerted of a possible fight from a road rage incident, with one of the subjects “throwing trash from his car to another subject.” The garbage was later determined to be over $15,000 in bills of various denominations, officials said.

When deputies approached the driver’s side door of the parked silver Lincoln Sedan, they found the occupant of the vehicle — identified as Josue Hernandez — who was actively throwing garbage out of the window. Deputies said they also found an unbuckled child in the passenger seat with his feces on him. In the backseat, there were two dogs, including an “aggressive pit bull” the affidavit states.

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After a deputy repeatedly asked Hernadez to step out of the vehicle and speak with him away from the busy road, the arrest report states that Hernandez rolled the back driver-side window down, at which time his pit bull climbed halfway out of the window.

According to the report, Hernadez then asked the deputy, “Are you a (expletive)? Are you scared of dogs?” and then sat up out of his seat and said, “I just fought one like you” and then got into what appeared to be a fighting stance at which time the deputies attempted to detain Hernandez, who allegedly attempted to push the deputy into the road.

“I can feel his weight pushing me forward into Highway 484, at which time vehicles were actively driving by,” the deputy wrote in the arrest affidavit.

At one point, the deputy got Hernandez to the rear driver’s side of the car and told him to get on his stomach, but Hernandez continued to ignore orders and would only get on his hands and knees, according to officials. The report states that Hernandez then asked the deputy “Are you ready to get run over?” before he stood up and then walked toward the driver’s side door of his vehicle.

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The deputy then pulled out his Taser and repeatedly ordered Hernandez to get on his stomach, but Hernandez only got down on one knee, according to the report. When Hernandez didn’t comply, the deputy discharged the Taser twice, sheriff’s officials said. The report states that Hernandez fell to the ground but quickly got up, ripped out the probes and took off. After a brief chase, deputies tackled Hernandez to the ground, which was when the suspect called for his pit bull.

“I heard the dog approaching us and felt the dog at our legs. It sounded like the defendant was giving the dog commands to attack us,” the deputy wrote in the arrest affidavit.

When backup deputies arrived, they were able to use oleoresin capsicum (OC) spray to get the dog away from deputies, the report states. Shortly after, deputies were able to place Hernadez in handcuffs.

When Hernandez was put on a gurney to be transported to Ocala Regional Medical Center for his injuries, the suspect spit on a first responder and attempted to spit on the deputy who Hernandez had the main altercation with, officials said.

When deputies canvassed the area where the money was thrown, deputies found a dark-colored bag on the side of the highway as well as a diaper bag. When deputies opened the diaper bag, they found a clear plastic baggy that contained several smaller plastic baggies. The deputy conducted a field test of the substance inside the bags which tested positive for fentanyl, which weighed 8.5 grams, the report states.

According to the DEA, 2 milligrams of fentanyl can be lethal, depending on a person’s body size.

Hernandez was arrested on charges of battery on an officer (two counts), resisting arrest with violence, child neglect with great bodily harm, trafficking in fentanyl 4 grams or more and possession of drug paraphernalia.

No other details about the road rage incident were provided.

According to Marion County deputies, Hernandez will be evaluated before being booked into jail. There is no current mugshot for him at this time.


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